Haw. Code R. § 16-601-38 - Requests for subpoenas

(a) Any party may request the issuance of a subpoena requiring the attendance of a witness to testify before the commission. The request shall be in writing and shall state the reasons why the testimony of the witness is material and relevant to the issues in the proceeding.

(b) Any party may request the issuance of a subpoena duces tecum for the production of documents or records. The request must:

(1) Be in writing;

(2) Specify the particular document or record, or portion of document or record sought; and

(3) State the reasons why the production is material and relevant to the issues in the proceeding.

(c) Only parties may request the issuance of a subpoena.

(d) The presiding officer may issue a subpoena. In the absence of the presiding officer, any commissioner may issue a subpoena. No subpoena shall be issued unless the party requesting the subpoena has complied with subsections (a) or (b) and gives the name and address of the desired witness. Signed and sealed blank subpoenas shall not be issued to anyone. The name and address of the witness shall be inserted in the original subpoena, and a copy shall be filed in the proceeding. A subpoena shall show at whose request or order the subpoena is issued.

(e) The party requesting a subpoena shall pay to the witness the same fees and mileage as are paid witnesses in circuit courts of the State.

(f) Witnesses shall be placed under oath prior to testifying.

Notes

Haw. Code R. § 16-601-38

[Eff 1/1/2019] (Auth: HRS §§ 91-2, 92-16, 269-10, 271-9, 271G-7) (Imp: HRS §§ 91-2, 269-6, 271-31, 271G-23)